Anticipatory bail application preferred to prevent arrest in an FIR alleging recovery of rice under IPC and E.C. Act sections. Court granted bail, making interim order absolute.
Interim order dated 28.09.2022 made absolute granting pre-arrest bail.
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GAHC010199752022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2880/2022
WAHIDUL ALAM LASKAR
S/O- RAFIKUL RAHMAN LASKAR, VILL.- PANGRAM PART-II, P.S. UDHARBOND, DIST. CACHAR, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE ROBIN PHUKAN
O R D E R
07.12.2022.
Heard Mr. HRA Choudhury, learned Senior Counsel, being assisted by Mr. NH Laskar, learned counsel for the petitioner and also heard Mr. BB Gogoi, learned Addl. P.P., Assam appearing for the State respondent.
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Apprehending arrest in connection with the Udharbond P.S. Case No.161/2022, under Sections 379/411/34 of the IPC, read with Sections 3/7 of the E.C. Act, this application under Section 438 of the Code of Criminal Procedure, 1973, is preferred by applicant, namely, Wahidul Alam Laskar, for grant of pre-arrest bail.
The aforementioned case has been registered on the basis of an F.I.R., lodged by one Mr. M. Hussain, Inspector of Food & Civil Supplies and Consumer Affairs, Silchar on 08.09.2022. The allegation made in the FIR relates to recovery of 152.64 quintals of rice from the godown by name M/s. Tamij Uddin Laskar and 45.6 quintals of rice from the godown by name M/s. Wahidul Alom Laskar, belonging to the present applicant.
Mr. HRA Choudhury, learned Senior Counsel for the applicant submits that pursuant to the order of this Court passed on 28.09.2022, the applicant appeared before the I.O. and his statement has been recorded and he is cooperating with the investigating agency and therefore, it is contended to make the interim order dated 28.09.2022, absolute, in the same terms and conditions.
On the other hand, by producing the case diary before this Court, Mr. BB Gogoi, learned Addl. P.P., Assam confirmed that the applicant has appeared before the I.O. and his statement has been recorded and that materials part of investigation is almost over and there remains to apprehend the co-accused, for which the case is pending now.
Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case Diary produced before this Court with the assistance of Mr. BB Gogoi, learned Addl. P.P., Assam.
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Since the applicant has been extending cooperation with the investigating agency and material part of investigation is over, custodial interrogation of the applicant in the interest of investigation, seems to be unwarranted here in this case.
Accordingly, this Court is inclined to make the interim order, dated 28.09.2022, absolute in the same terms and conditions.
In terms of above, this anticipatory bail application stands disposed of.
The Case Diary be returned.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the interim anticipatory bail order should be made absolute.
Whether custodial interrogation of the applicant is warranted in view of his cooperation and completion of investigation materials.
2 provisions across 2 enactments
Wahidul Alam Laskar
The State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
